The RERA 5-Year Defect Warranty: What Bengaluru Buyers Can Claim

Eighteen months after moving into a new tower off Sarjapur Road, a family noticed damp patches spreading across a bedroom wall each monsoon. The builder's site office first called it a maintenance issue and suggested they repaint at their own cost. What changed the conversation was a single provision of the RERA Act, the one that makes a promoter responsible for fixing defects free of charge for five years after handover. Once the family cited it in writing, the seepage was traced to a terrace waterproofing failure and repaired without a bill. Most buyers never invoke this right simply because they do not know it exists.

The short answer. Under Section 14(3) of the Real Estate Regulation and Development Act of 2016, if a structural defect or a defect in workmanship, quality or services is brought to the promoter's notice within five years from the date you take possession, the promoter must rectify it without further charge within thirty days. If the promoter fails, you are entitled to compensation under the Act. The trade off to understand is one of scope, the five year cover is strong on genuine defects but it does not cover normal wear and tear, and what exactly counts as a structural defect can depend on your state's rules.

What does the five year defect liability cover?

It covers defects that are the promoter's responsibility, not the ordinary ageing of a home. The provision names structural defects and defects in workmanship, quality or provision of services, as well as any other obligations of the promoter under the agreement for sale. In practice that has been read to include problems like water seepage, cracked plaster leading to leakage, faulty plumbing and shortfalls against what the agreement promised, rather than a dripping tap or a faded paint coat you would expect to maintain yourself.

The key word is defect, meaning something that should not have been there in a properly built home. Regulators in several states have applied the provision to leakages and cracking, which signals that it reaches beyond load bearing structure into the quality of what was delivered. The thinking behind the clause is that a buyer pays for a finished, habitable home, so a hidden shortfall that shows up months later is the builder's problem to cure rather than the owner's bad luck. That is a meaningful shift from the pre RERA position, where a buyer with a leaking ceiling often had no clear statutory lever at all. You can read a detailed explanation of the defect liability period on this guide to Section 14(3).

How long do you have, and how fast must the builder act?

You have five years from the date of handing over possession to bring a defect to the promoter's notice. That is the window that matters, and it runs from your actual handover, not from booking or agreement. Once you report a covered defect within that period, the promoter is required to rectify it without further charge within thirty days, so the law puts a clock on the builder rather than leaving repairs open ended.

If the promoter does not fix the defect in time, the Act entitles you to appropriate compensation, with the amount decided by the state real estate authority. This is why the date of possession is worth recording precisely, because it starts the five year clock, and why you should report defects in writing rather than by a phone call that leaves no trail. It is also worth reporting a defect as soon as it appears rather than batching several for a single complaint later, since a prompt written notice both triggers the thirty day duty sooner and makes it harder for the builder to argue that the problem arose from neglect on your side.

What is not covered by the five year rule?

Normal wear and tear is the main exclusion, and it is a sensible one. A home is a living thing that ages, so finishes that naturally deteriorate, fittings that wear with use, and equipment covered by a manufacturer's own guarantee are generally treated as outside the promoter's defect liability. Some state rules spell these exclusions out, which is why the exact boundary can vary from one state to another.

The harder question is what counts as a structural defect, because the central Act does not define the term, and the Karnataka rules do not define it either. Some states have written their own definitions, so for a serious structural dispute the applicable state rules and recent authority orders matter. The practical effect is that a clear defect like persistent seepage is easy to pursue, while a borderline cosmetic issue may be contested.

How should a Bengaluru buyer use this right?

Use it deliberately, starting from documentation. Record your possession date, keep the agreement, and the moment you notice a defect, photograph it and report it to the promoter in writing, keeping a copy. A written notice with dated photographs converts a vague complaint into a record you can rely on if the matter reaches the regulator, and it starts the thirty day clock the builder must meet.

Pairing this with a careful handover helps you catch problems early. Our flat possession handover checklist shows what to inspect when you take the keys, and for older buildings the structural checks for a resale flat are a reminder that the five year cover applies from the original handover, not from a later resale.

What if the builder refuses to repair?

If the promoter ignores a valid defect notice or misses the thirty day deadline, your route is the state real estate authority. Because the duty to rectify without charge is statutory, a documented refusal becomes the basis for a complaint, and the authority can direct the repair and award compensation. The strength of your case rests on the paper trail, the possession date, the written notice, the photographs and the promoter's response or silence.

This is where good records earn their keep. A buyer who reported a defect by email within the five year window, with images and a clear description, is in a far stronger position than one relying on remembered phone calls. Treat the defect liability period as a right you actively protect, not a favour you hope the builder grants. In a well run society, the resident association often coordinates these claims for common area defects, so a lobby that leaks or a basement that floods can be pursued collectively, which tends to carry more weight with a promoter than a single owner writing in alone.

Does the five year cover pass to a resale buyer?

The cover is tied to the handover from the promoter, so the five year window runs from the original possession date regardless of a later resale. If you buy a two year old flat from its first owner, the balance of the promoter's defect liability still relates to that original handover, not to your purchase date. This is worth clarifying before a resale, because it tells you how much of the cover, if any, remains.

Ask the seller for the original possession date and any record of defects already reported, since a pattern of unresolved issues is both a warning and a potential claim you may inherit. The right attaches to the home and the promoter's duty, so understanding where you sit on the five year timeline is part of valuing a resale flat accurately. A flat two years into its cover still carries three years of protection, and that remaining cover is a quiet point in its favour against an identical unit whose window has already closed.

Your defect liability checklist

1. Record the exact date you took possession, because the five year clock starts there.
2. Keep the agreement for sale, which defines the promoter's obligations you can hold them to.
3. Inspect carefully at handover and note any defect before you sign off.
4. Report any defect to the promoter in writing, with dated photographs, within five years.
5. Track the thirty day deadline the promoter has to rectify without charge.
6. Keep every email and response as a record for a possible complaint.
7. If the builder refuses or delays, approach the state real estate authority for compensation.

Frequently asked questions

How long is the builder responsible for defects under RERA?

Under Section 14(3) of the RERA Act, the promoter is responsible for five years from possession. If a structural defect or a defect in workmanship, quality or services is reported within that window, the promoter must rectify it without further charge within thirty days. If they fail, you are entitled to compensation decided by the state authority.

Does the five year warranty cover normal wear and tear?

No, normal wear and tear is generally excluded, because the provision targets defects rather than the ordinary ageing of a home. Finishes that deteriorate naturally, fittings that wear with use, and items under a manufacturer's own guarantee usually fall outside it. Some state rules spell these exclusions out, so the exact boundary can vary from one state to another.

What counts as a structural defect?

The central Act does not define structural defect, and the Karnataka rules do not define it either, so the meaning is read from context and any state definition. Clear problems like persistent seepage are commonly pursued, while borderline cosmetic issues can be contested. For a serious dispute, check your state rules and recent authority orders.

What should I do if the builder refuses to repair a defect?

Report the defect in writing with dated photographs, which starts the thirty day deadline for a free repair. If the promoter ignores the notice or misses the deadline, approach the state real estate authority with your records. Because the duty to rectify without charge is statutory, a documented refusal becomes the basis for a complaint and a claim for compensation.

Last updated 2026-10-13. PropNewz Team.